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(영문) 인천지방법원부천지원 2015.08.19 2015가단104611

채무부존재확인

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1. B B, around December 16, 2014, around 16:10, around 16:10, around 16:20, near the bank of Korea, the Haban-dong, Haban-dong, Haban-dong, C.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into a comprehensive automobile mutual aid agreement with Dong Young Tourism Co., Ltd. for B buses.

B. At around 16:10 on December 16, 2014, the bus was parked on the street near the west-dong Haban-dong Haban-dong bank (hereinafter “Scooter”) and was in excess of the instant scooter by shocking the side of the C Scooter (hereinafter “Scooter”).

(hereinafter referred to as “instant accident”). C.

The defendant, who runs the business of Oral Ba repair, etc., has repaired the scooter in this case.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. The parties' assertion and judgment

A. The plaintiff asserts that with respect to the accident of this case, the defendant does not bear any obligation exceeding KRW 957,990 [the amount of KRW 917,440 (repair cost) x 0.9 (Contributory Negligence), and less than KRW 10].

The defendant asserts that the plaintiff would guarantee the payment of the repair costs of the scooter in this case to the defendant, and that the plaintiff has a claim of KRW 3,588,300 [[1,587,00 won (repair costs) 2,40,000 during the repair period] x 0.9 (Contributors).

B. The Plaintiff guaranteed payment of the amount exceeding KRW 957,990, as claimed by the Plaintiff, solely on the sole basis of the statement in subparagraph 1 of the evidence No. 1.

In addition, it is difficult to recognize that the defendant, not the party to the automobile comprehensive mutual-aid agreement, but the owner of the instant scooter, the direct victim of the instant accident, has a claim against the plaintiff for the payment of the repair cost, etc. of the scooter, and that the amount exceeds KRW 957,90,00. There is no other evidence to acknowledge it. Thus, the plaintiff's obligation against the defendant in relation to the instant accident does not exist in excess of KRW 957,990, and the defendant's obligation against the defendant is 3,588.